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2026 DAILYLAW 38050 (CAL)

PUSPITA MANDAL v. STATE OF WEST BENGAL & ORS

WPA/15460/2016 · 2026-09-02

Rai Chattopadhyay

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

02-09-2026 Item No.155 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.15460 of 2016 Puspita Mondal -vs- The State of West Bengal & Ors. Mr. Ekramul Bari Mr. Sk. Imtiaj Uddin …for the petitioner Ms. Aparna Banerjee …for the State 1. The instant writ petition is directed against alleged gross inaction on the part of the respondent authority in remitting her appropriate service benefits including pension, pursuant to her letter dated September 7, 2015. It is stated that the said letter submitted by the petitioner has been duly received and accepted by the Chairman, Murshidabad Primary School Council. 2. The documents annexed with the writ petition have shown that the petitioner submitted her letter dated September 7, 2015 before the Chairman of the Council expressing her desire and intention to resign from duty with effect from September 30, 2015 (afternoon). The said letter of the petitioner was received by the said respondent in office on September 9, 2015. The same has been forwarded to the addressee duly. 3. Allegedly since thereafter, no steps have been taken by the respondent authority for release of her provident fund and other service benefits including pension, to the petitioner, till date. 4. In this regard, Mr Bari, learned counsel for the petitioner, has indicated to a letter by the Secretary, Murshidabad District Primary School Council dated December 17, 2015 that necessary instructions have already been issued to the respective offices from the office of the Council, for release of entire service benefits, including provident fund and pension. He says that in spite thereof, no steps have yet been taken by the concerned offices for release of the appropriate benefits of the petitioner. 5. None represents the State despite service. Ms Aparna Banerjee, learned advocate who usually appears for the State, is present in court and is requested to assist this court in this matter. Let her appointment be regularized in due course. 6. Having considered the submission made by Mr Bari and the materials on record in this writ petition, the writ petition is disposed of with the directions as follows: 7. (I) let the writ petitioner file a comprehensive representation before the third respondent – the District Inspector of Schools (PE), Murshidabad – incorporating all necessary documents relating to her employment. (II) Let the third respondent/DI of Schools consider such comprehensive representation of the petitioner and take appropriate steps as regards the same, in terms of its own office order dated December 17, 2015, within eight weeks from the date of receiving a copy of such representation. A reasoned order should be passed by the third respondent, in this regard, within the stipulated period. (III) In doing so, the said respondent shall afford 2 opportunity of hearing to the petitioner and consider the documents filed by her; the said respondent may also afford opportunity of hearing to the school authority, if it so thinks fit and proper. 8. All parties are to act on the server copy of this order duly downloaded from the official website of this court. 9. Certified copy of this order, if applied for, shall be made available to the parties. [Rai Chattopadhyay, J] 3